The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1887-09-21

visod. encouraged, aided and allotted one
Rudolph Schnaubet in tho preparation OF the
crime others. that they advised, encouraged,
aided and allotted an unknown person in the
preparation thereof.
The statute on this subect reads:
Sec. q An accessory i, 10 who stands by and
aids, abets, or assists, or who not being pres
ent, aiding, abetting, or assisting, hath ad-
vised, encouraged, aided or abetted the perpe-
tration II the crime. He who thus aids, aDets
assists advises or encourages shall be con
sidered as principal and punished accordingly
Every such accessory, when n crime IL COM
mitted within or without this State by his aid
or procurement in this State, may be indicted
and convicted at tho same time as the prnci
pal. before after his conviction, and
whether the principal is convicted or amenable
70 justice or not, and punished as principal
In consideration OF this statute the court asks
the questions:
Did the defendants have a common purpose
or design to advise. encourage, aid. or abet the
murder Of the police?
Did they combine together and with others
with view TO carrying that purpose or design
into effect?
Did they, or either, or any Of them. do such
acts or make such declarations in furtherance
OF tho common purpose or design as did actually
have the effect of encouraging, aiding, or abet-
ting the crime in question:
The questions are based on the propositions
OF law as laid down by the court and sustained
by previous decisions of this and other states.
The premises are held that il the defendants
advised, encouraged, aided, or abetted the ELL
ing of Deegan they are as guilty as though they
took his life with their own hands. IL any OF
them stood by ard aided, abetted or assisted
in the throwing OF the bomb those OF them who
did guilty as Though they threw 1t
themselves.
Joined to this is tho charge that the defend
ants formed q common purpose and were
united in common design to aid and encour-
ace the msrder of the policemen among whom
the bomb was thrown II they combined To ac-
complish such murder by concerted action the
ordinary law of conspiracy il applicable, and
the acts and declarations of one OF Thorn, done
in furtherance of the common design. are, In
contemplation of law, the acts and declaration
Of all This prosecution, however, is not for
conspiracy as a substantive crime. Proof OF
conspiracy Ia only proper so far as IL may tend
TO show n common design TO encourage the
murder CHARGED against the prisoners. IL may
he introduced for the purpose OF establishing
the position Of the membeSs OF the combination
as accessories To the crime OF murder.
Also tho statute abolishes the distinction be-
tween acces series before the fact and principals
BY it all accessories before the fact are made
principals AS the acts of the principal are
thus made the acts of the accessory, the latter
may be charged as having done the acts him
self, and may be indicted and punished accord
ingly
Following tho propositions OF law above laid
down, the court holds that the evidence under
them amply sustains the charge that the de-
PENDANTS were engaged in n great conspiracy to
overthrow the law, and that tho throwing of
the bomb in Haymarket Square on the evening
OF May was the direct result OF that conspir-
acy. First, there was at that time existing in
Chicago an organization OF Socialists or An
archsts whose purpose was tho overthrow of
all laws which were enacted for the protection
OF private property. This overthrowal was to
be accomplished by force. The organization
was a national one, divided into groups eighty
in all, of which there were located in Chicago
the North Side. with headquarters at No. IS Cly-
bourn avenue; the Northwest side No. 636
Milwaukee avenue the American, No. 81 West
Lake street; the Karemark, No GO Emma
street: the Southwest No Gil Throop street
the Jefferson. No. 600 Milwaukee avenue. and
tho Freiheit, on Sherman street. Schwab
Neebe, and Lineg belonged TO the North Side
group; Engel and Fischer to the Northwest;
Spies, Parsons, and Fielden to the American.
Connected with these groups were armed sec
tons, the Lehr ind Wehr Verein, containing
one thousand drilled men, and these soldiers
were known by numbers instead Of names, de-
sire for secrecy being 80 great The other armed